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Supreme Court of India 2023-03-13 allowed

Government of NCT of Delhi & Anr vs Dayanand & Anr

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Delhi government challenged a High Court order that declared land acquisition proceedings lapsed under the 2013 RFCTLARR Act. The land involved 20 biswa, of which possession of 19 biswa was taken by the Delhi Development Authority in 2009, and compensation was offered by notice but the landowner did not collect it. The Supreme Court held that acquisition proceedings lapse only when neither possession nor compensation have been provided for five years before the 2013 Act. Here, possession was taken and compensation was tendered by proper notice; the owner's failure to collect does not constitute non-payment. The Court followed the Constitution Bench's Indore decision and set aside the High Court's order, allowing the appeal.

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Land Acquisition Compensation Constitutional Law Administrative Law

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